Two measures that may be confused with each other about bail for people charged with bailable offenses are winding their way through the Tennessee legislature.
One is a resolution calling for a state constitutional amendment that would give judges the authority to deny bail for offenses over which they currently have no discretion like second-degree murder, acts of terrorism, aggravated rape or the rape of a child.
The other is a bill that says the presumption should be that a defendant should be not released on bail on the defendant’s own recognizance if the defendant is charged with an offense that involves the use or display of a firearm or results in serious bodily injury or death of the victim. If the magistrate or other official believes factors rebut the presumption for the particularly defendant, the magistrate or other officials must include in their bail order written findings about the factors used to make the bail determination.
The resolution passed with a majority in the state Senate and state House last year and must pass both houses again this year with a two-thirds majority before it would become a constitutional amendment decision for voters in the November 2026 election, where it would need a majority to pass.
It (SJR025) was to be considered by the state Senate Monday. The House (HJR049) has deferred it to the Constitutional Amendment Calendar at a time yet to be determined.